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Section 816.46(f) Continued_ ~~ , However, to facilitate a determination of compliance with 30 CFR 816.46, Kerr Coal has presented sediment 'control measures in this application which are designed and which will be constructed and maintained for the purpose of compliance with the most stringent effluent limitations required by regulations of the U.S. Environmental Protection Agency or comparable requirements of the applicable regulatory agency. (g) There shall be no out-flow through the emergency spillway during the passage of the runoff resulting from the 10-year, 24-hour precipitation event or lesser events through the sedimentation pond. The design elevation of the emergency spillway is set above the elevation of the 10-year, 24-hour pond level, and all flow events up to and including the 10-year, 24-hour design event will pass through the primary outlet device (riser), and not through the emergency spillway. (h) Sediment shall be removed from sedimentation ponds when the volume of sediment accumulates to 60 percent of the design sediment storage volume. Mith the approval of the regulatory authority, additional permanent storage may be provided for sediment and/or water above that required for the design sediment storage. Upon the approval of the regulatory authority for those cases where additional permanent storage is provided above that required for sediment, under Paragraph (b) of this Section, sediment removal may be delayed until the remaining volume of permanent storage has decreased to 40 percent of the total sediment storage volume provided the thegretical detention time is maintained. 816-53R Revised - January, 1991